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RLawyer here.
Send a legal notice to them through your advocate. If they fail to comply even after that, approach the District Consumer Disputes Redressal Commission. You can also approach the CDRC without giving them a legal notice.
RLawyer here.Once the permanent licence is issued to you and if there is any error in the addresses, you can file an online application through [https://parivahan.gov.in/parivahan//en/content/how-get-address-changed-driving-license](https://parivahan.gov.in/parivahan//en/content/how-get-address-changed-driving-license) to correct it.
RLawyer here.You’re not gonna get much advice from here unless you can specify the nature of bullying or harassment faced. If it’s any form of criminal abuse, you can approach the police station/cyber police and file a complaint.
RYes you can add the cost insurred for sending legal notice, including the advocate fee. They may or may not pay it. There’s no harm in sending the legal notice to both persons.RLawyer here.Currently appearing for a client in a similar case. There are strict guidelines from several High Courts stating that in case of a cyber crime reported like you said, the receiver’s entire bank account cannot be frozen. Only the amount of money involved in the financial fraud can be frozen.
So write a request letter to the District Police Chief/Superintendent of Police of your District in Gujarat and request him to issue a direction to the Andhra Pradesh police to remove the hold on your father’s account and freeze the disputed amount only if needed. Mention the FIR number registered by the Andhra Pradesh police.
If this is ignored, you will have to approach the Gujarat High Court and file a writ petition to unfreeze the account. This will work.
Also, we do not know if the bank received directions to block the entire account or the specific quantum of amount only. So go to the bank and ask them to provide you with a copy of the directions they received from Andhra Pradesh police. If the bank refuses, you can file a complaint against them before the District Consumer Disputes Redressal Commission.
If all these are getting overwhelming for you, kindly meet with an advocate and he will take care of the rest.
Please note that the cyber crime registered by the Andhra Pradesh police is going to go on for a significant amount of time and unless you intervene in the matter, the account is going to remain blocked. The police are not going to give any concern on whether your account should be unblocked or not.
RLawyer here.1. Absolutely do not do this. You cannot remedy a crime by committing another crime yourself. Exercising any hurt on the said stranger is going to land you in a lot of legal trouble and it is not worth it.
2. Not necessary because there are ways to stop this harassment through proper channels.
Ask you friend to go to the nearest police station and file a complaint against the Instagram user. If the chats are creepy and she is not comfortable with talking with a male police officer, there will be a women cell in the police station where her grievance will be addressed by a female police officer. The police are going to take care of the rest and your friend does not need to worry about anything. The degree and intensity of the offence committed by the stranger will depend on the kind of messages he makes.
RLawyer here.Fill the cheques and present it to the bank as soon as possible. Cheques have a validity of only 3 months from the date on the cheque. So present it before the Court and let it get dishonoured. Get copies of the dishonour memos and meet an advocate to proceed against him under the Negotiable Instruments Act, 1881. Do not listen to the travel agent and delay the presentation of the cheque. Once they are expired, you will have no means to encash them.
RLawyer here.Send a legal notice to the landlord and to the builder demanding them to pay back the deposit amount. If they don’t pay you even after receipt of the notice, you will have to approach the Court to get the amount. You can claim it along with interest and costs incurred.
You cannot raise a complaint in the consumer helpline portal since this is not a consumer dispute. You have not purchased any goods or availed any service from anyone. Therefore you are not a consumer.
You cannot also go to the police station and file a complaint. Police will not intervene in this issue since it is a civil dispute. They will ask you to go to Court.
RIt’s the bouncing of electronic funds. Usually dishonour of any auto debit facility. There is risk of facing jail time and fine if found guilty.RCan’t say much about the criminal proceedings unless I know the nature of the case they have filed.If the borrower has no money to repay the loan, the bank will realise it from the borrower’s movable and immovable properties. If there are any guarantors to the said debt, the bank will proceed against the guarantor also.
It will get pretty bad. Bank authorities report to their higher officials. They will have huge heat behind them to ensure repayment. So they will not back off. As far as any settlement is concerned, do not expect any lenient approach from them.
RYou do not need to have a written agreement to claim back the security deposit. Having a written agreement is better but it is not mandatory.Nothing is stopping you from filing an injunction suit asking for a stay. I’m not sure if the Court will grant it though. Because prohibiting the landlord from renting out the property to someone else is a relief from which you do not gain anything. There is no urgency in preventing the landlord from doing the same. Your right over the security deposit is not dependent on the landlord renting out the premises to someone else. Even if he does so, your said right will not be affected. So getting a stay is going to be difficult.
On another note, even after the termination of the lease, if the tenant refuses to vacate, the landlord cannot just kick the tenant out. Forceful eviction is not permitted. To evict such tenants, the landlord will have to go to Court and obtain an order of eviction which is going to take a lot of time, effort and money. I have seen tenants staying back in the premises even after the termination of the lease to ensure repayment of the security deposit. They use it as a means to force the landlord to pay back the security.
RLawyer here.1. It is not a quasi criminal proceeding. It is of civil nature. As far as the bank is concerned, they are concerned with the repayment only. So they will go to any extent permitted by law to get back the money.
2. Sending a reply notice will not stop them from initiating recovery proceedings. Since the banks will have proper documentation of grant of loan and non-payment, any reply notice sent will have no effect. They will still proceed against the borrower.
3. Up to the discretion of the bank. I have not seen them settling at such a low amount.
4. Does not concern the bank and will not stop them from proceeding against the borrower.
RLawyer here.A cheque case under Section 138 of the Negotiable Instruments Act, 1881 can only be filed with respect to a legally recoverable debt. That should explain the endorsement written on the back of the cheque. However, whether the cheque was given as a loan or not is the burden of the complainant to prove. The accused can appear before the Court and state that there was no debt. The findings will depend on the quality of evidence adduced before the Court by either party.
1. The fact that almost 15 years have passed does not absolve your father from any liability.
2. Nope.
If you have proof of the complainant recovering 50% of the principal amount in interest, produce the required records in Court and that amount will be adjusted in the claim.
